SUCCESSION OF EDWARD A. HORRELL, SR.
FROM CIVIL DISTRICT COURT, ORLEANS PARISH NO. 1993-11275 C\W
1993-11701, DIVISION "G-11" Honorable Robin M.
I. O'Byrne Stephenson STEPHENSON, CHAVARRI & DAWSON,
L.L.C. COUNSEL FOR APPELLEE
J. Horrell COUNSEL FOR APPELLANT
composed of Judge Edwin A. Lombard, Judge Joy Cossich
Lobrano, Judge Sandra Cabrina Jenkins
CABRINA JENKINS, JUDGE
appeal arises from a 1993 succession proceeding in which
appellant Walter J. Horrell, Sr. ("Appellant"), in
proper person, appeals the trial court's December 7, 2018
judgment homologating the final tableau of distribution in
the succession of Appellant's father, Edward A. Horrell,
Sr. ("Edward Horrell"). For the reasons that
follow, we dismiss the appeal without prejudice, and remand
for further proceedings.
AND PROCEDURAL BACKGROUND
appeal stems from protracted succession litigation spanning
26 years and multiple appeals. The pertinent facts are
recounted in one of this Court's later opinions in the
case, Succession of Edward A. Horrell, Sr.,
11-1574 (La.App. 4 Cir. 4/11/12), 102 So.3d
Edward A. Horrell, Sr. ("Mr. Horrell"), died in
1993. Since his death, his eldest son, the appellant, has
been fighting over his father's estate. Just prior to Mr.
Horrell's death, appellant presented his father with a
statutory will that appellant and his attorney daughter
prepared. Mr. Horrell signed the will, with his attorney
granddaughter and appellant's wife acting as witnesses.
The will was deemed invalid by this Court because of Mr.
Horrell's lack of mental capacity at the time he signed
it. See Succession of Horrell, 95-1598, 95-1599
(La.App. 4 Cir. 9/11/96), 680 So.2d 725.
Simultaneously with the signing of the will, appellant
presented his dying father with an act of donation, which
would operate to donate a plot of land in Covington to the
appellant. The property was Mr. Horrell's separate
Appellant's mother and his four siblings (referred to
hereinafter collectively as "the Horrells") learned
of the donation prior to Mr. Horrell's death and
presented him with a revocation and a power-of-attorney in
favor of his wife. Appellant subsequently presented his
father with a document revoking Mrs. Horrell's
power-of-attorney, and an incomplete petition to dismiss any
suit Mrs. Horrell may file to revoke the donation.
Two days before Mr. Horrell died, his wife filed a petition
in St. Tammany Parish to revoke the donation of the Covington
property. She thereafter amended the petition to substitute
Mr. Horrell's other four children as petitioners.
Appellant answered the suit with an exception of no right of
action. The trial court denied the exception. It ultimately
granted a summary judgment in favor of plaintiffs
(appellant's siblings) based on res judicata.
Appellant appealed that judgment.
On rehearing, the First Circuit looked to the ruling of this
Court finding that Mr. Horrell lacked the mental capacity to
execute the will. The court reasoned that Mr. Horrell's
mental capacity to execute the contested will was already
decided in Succession of Horrell, supra; therefore,
the issue of his mental capacity to sign the donation was
res judicata. See Horrell v. Horrell, 99-1093
(La.App. 1 Cir. 8/15/01), (on rehearing ), 808 So.2d
After this Court declared the will invalid, appellant sought
to be named administrator of his father's estate. The
trial court refused and an appeal followed. This Court found
that appellant's involvement in having his father execute
a will when he lacked the mental capacity to do so,
demonstrated bad moral character on the part of appellant,
thereby disqualifying him to serve as ...